ATTORNEYS LAW STUDENTS PUBLIC
TOP POSTS ALL POSTS SUBMIT POST
Share | Print | Report Post Second Amendment Chatboard

Re: Denied Illinois FOID card
Posted by Guns on 1/14/08

    In the State of Illinois, a judge must take a second oath of office. Under 705 ILCS 35/2
    states, in part, that "The several judges of the circuit courts of this State, before entering
    upon the duties of their office, shall take and subscribe the following oath or affirmation,
    which shall be filed in the office of the Secretary of State:

    'I do solemnly swear (or affirm, as the case may be) that I will support the constitution of
    the United States, and the constitution of the State of Illinois, and that I will faithfully
    discharge the duties of judge of ______ court, according to the best of my ability.'"

    So your stament is incorrect concerning federal constitution, because the judge raised his hand
    and swore he would protect the Federal constitution.


    >>> The 11th Amendment describes dual
    >> sovereignty very well. Basically,
    >> if the US
    >>> Constitution or federal law does
    >> not reserve a power exclusively to
    >> the federal
    >>> government, it is granted to the
    >> states.
    >>>
    >>> We started this thread with
    >> someone claiming that the 2nd
    >> Amendment controlled gun
    >>> rights in all states. It is very
    >> common to hear someone claim their
    >> gun rights under
    >>> the 2nd amendment are being
    >> violated by a state or local
    >> government. WRONG! The 2nd
    >>> Amendment is one of a few parts of
    >> the Constitution that does not apply
    >> to state
    >>> government. It prevents the
    >> federal government from denying your
    >> gun rights but since
    >>> it does not specifically apply its
    >> terms to the states--under the 11th
    >> Amendment the
    >>> power to regulate guns is not
    >> denied the states.
    >>>
    >>> Federalism or dual sovereignty is
    >> a concept almost universally
    >> misunderstood. It
    >>> appears that law students also
    >> miss the critical point of how the
    >> Constitution works.
    >>> I'm sure some student out there
    >> can explain the concept better than
    >> I have. For
    >>> example; explain why the 13th
    >> Amendment applies to state
    >> government as well as federal
    >>> government but the 7th Amendment
    >> only applies to the federal
    >> government?
    >>>
    >>> OK class, this is a take home exam.

     
     

 
Google
 
Web Counsel.Net
  Site Map: Home Search Legal Jobs Classifieds Law Students Contacts Practice Areas Advertise
  © 1996 - 2008. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.